FMLA Notice Requirements
Employers have a number of notification and record-keeping obligations under the Family and Medical Leave Act.
Employers are required to post a notice for employees that outlines the basic provisions of FMLA and are subject to a civil money penalty for willfully failing to post such notice.
Explanations in Handbooks or Other Explanations of Benefits
Employers that provide handbooks or other written guidance to employees to explain their rights to benefits or leave must include an explanation of employees' FMLA entitlements.
Explanations Given to Employees Requesting FMLA Leave
Employers that do not furnish written guidance about FMLA leave and other benefits must provide written guidance when an employee requests FMLA leave. Written guidance should generally be provided within two business days.
In addition, employees giving notice of their need for FMLA leave must receive the following employer-specific information, where applicable:
- That the leave they are requesting will be counted against their annual FMLA leave entitlement;
- Any requirements for the employee to furnish medical certification of a serious health condition, and the consequences of failing to provide certification;
- The employee's right and/or obligation to substitute paid leave for unpaid leave and any conditions related to the substitution;
- Requirements and procedures for paying health care premiums during leave, for employees who normally are required to contribute to the cost of their health care premiums...